HomeMy WebLinkAboutBielski Window and Masonry Cleaning; 2005-11-01; PWS06-06FACRECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
22186
DQC# 2006-0306020
MAY 01,2006 4:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J, SMITH, COUNTY RECORDER
FEES: 000
PAGES: 2
2006-
Space above this line for Recorders use.
PARCEL NO: 2090502600
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: in fee.
5. A work or improvement on the property hereinafter described was completed on March 1, 2006.
6. The name of the contractor for such work or improvement is SKI, Inc. dba Bielski Window and Masonry
Cleaning.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Fire Station #5.
8. The street address of said property is 2540 Orion Way.
CITY OFJ3ARLSBAD
Greg Clavier
Public Works Manager
VERIFICATION OF CITY CLERK
I. the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City
Manager of said City on pvo-rvN *A , 20ok, accepted the above described work as completed
and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on dj&ul^ oif , 20*-Cat Carlsbad, California.
CITY OF CARLSBAD
O^ss^3?r5:r5i\'Si^:^Vfe. !f --«- -' ^ ;„.».,','.'.«• /i? -V .«••• i"
City Clerk
22187CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for Exterior Masonry Coating of
Fire Station #5, Contract No. PWS06-06FAC, Project No. PWGS203 and has requested that
the City of Carlsbad accept the public improvements. City forces have inspected the public
improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Exterior Masonry Coating $58,100.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
Glenn Pruim, Public Works Director Date
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMRPOVEMENTS
The construction of the above-described public improvements is deemed complete and hereby
accepted. The City Clerk is hereby authorized to record the Notice of Completion and release
the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above-described
improvements.
RAYMOND R. PATCHETT, City Manager Date
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS -
FOR
EXTERIOR MASONRY
COATING OF FIRE
STATION #05
CONTRACT NO. FAC 05-09
BID NO. PWSO6-O6FAC
.c--
. Item
TABLE OF CONTENTS
Notice Inviting Bids ..................................................................................................................... 5
Contractor’s Proposal ................................................................................................................. 9
Bid Security Form ....................................................................................................................... 13
14
16
18
Bidder’s Bond To Accompany Proposal .....................................................................................
Guide For Completing The “Designation Of Subcontractors” Form ...........................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................
Bidder’s Statement Of Financial Responsbility ............................................................. ._. .......... 19
Bidder’s Statement Of Technical Ability And Experience.. .......................................................... 20
Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ......................................................................................... 21
Bidder’s Statement Of Re Debarment ........................................................................................ 22
Bidder’s Disclosure Of Discipline Record ......................................................................... 23 -
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 25
Contract Public Works ............................................................................................................... 26
Labor And Materials Bond ......................................................................................................... 32
Faithful PerformanceNVarranty Bond., ....................................................................................... 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ..................................... 36
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’3 Revised t0108/03 Contract No . FAC 05-09 Page 2 of 56 Pages
SUPPLEMENTAL PROVISIONS
Part 1
Section I
,l .I
1-2
1-3
Section 2
2-3 2-4
2-5
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-4
.c
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
Section 8
8-2
Section 9 . 9-1
9-3
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ................................................................................................................. Definitions ..........................................................................................................
Abbreviations .............................. ._. .............. - .....................................................
Scope And Control Of The Work Subcontracts ......................................................................................................
Contract Bonds ............................................ - ..................................................... Plans And Specifications ....................................................................................
Authority Of Board And Engineer .......................................................................
Changes In Work
Extra Work ..........................................................................................................
Changes Initiated by the Agency ........................................................................
Changed Conditions ...........................................................................................
Disputed Work ............................. ............................. ...................................... ....
Control Of Materials Materials And Workmanship ...............................................................................
Materials Transportation. Handling and Storage .................................................
Utilities Location ..............................................................................................................
Relocat ion ..........................................................................................................
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work .......................................
Prosecution Of Work ........................................................................................... Delays And Extensions Of Time .........................................................................
Time of Completion ............................................................. : ............................... Completion And Acceptance ..............................................................................
Liquidated Damages., ............................ ._. ..........................................................
Responsibilities Of The Contractor
Liability Insurance ...............................................................................................
Workers' Compensation Insurance .............. .. .....................................................
Permits .............................. ._. ..............................................................................
Cooperation and Collateral Work .......................................................................
Project Site Maintenance .................................................................................... Public Convenience And Safety .........................................................................
Facilities For Agency Personnel Field Office Facilities .............. ............................................................. ................
Measurement and Payment
Measurement Of Quantities For Unit Price Work ............................................... Payment .............................................................................................................
39
39
40
41
41
42
43
44
44
45
45
48
49
49
49
49
50
50
51
51
51
52
52
52
52
52
53
53
53
53
Part 2 Special Construction Provisions and Technical Specifications ........................... 56
Revised 10/08/03 Contract No . FAC 05-09 Page 3 of 56 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on September 13. 2005, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Exterior Masonry Coating of Fire Station No. 5 including the separate hose tower and trash enclosure located at 2540 Orion Way in
the City of Carlsbad, CA 92008
CONTRACT NO. 05-09 EXTERIOR MASONRY COATlNGFFlRE STATION #05
BID NO. PWSOG-OGFAC
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications
for the work include the Standard Specifications for Public Works Construction, 2003 Edition, and
the 2004 suwlements thereto, all hereinafter designated “SSPWC” as issued by the Southern
California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract. Reference is hereby made to the plans and specifications for full
particulars and description of the work.
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The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than
$1 00,000 per contract.
The documents which comprise the Bidder‘s proposal and that must be completed and properly executed including notarization where indicated are:
r
43 Revised 10/08/03 Contract No. FAC05-09 Page 4 of 56 Pages
.
1. Contractor's Proposal.
2. Bidder's Bond. 3. Non-Collusion Affidavit. 4. Designation of Subcontractors and Amount of Subcontractors Bid.
5. Bidder's Statement of Financial
Responsibility
6. Bidder's Statement of Technical Ability
and Experience.
7. Acknowledgement of addendum(a)..
F
8. Certificate of Insurance. The riders
covering the City, its officials,
employees and volunteers may be
omitted at the time of bid submittal but
shall be provided by the Bidder prior to award of this contract. 9. Bidder's statement Re Debarment. 10. Bidder's Disclosure of Discipline Record.
11. Escrow Agreement for Security Deposits - (optional, must be completed, after award, if the Bidder wishes to use the Escrow Agreement for Security).
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$80,000.00.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: CLASSIFICATIONS FOR CONTRACTORS ARE: B General Building or C33 Painting and Decorating.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
f-
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
e-
e- r,s Revised 10/08/03 Contract No. FAC05-09 Page 5 of 56 Pages
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will be held at 2450 Orion Way on August 31, 2005 at
1O:OO AM. This meeting is not mandatory.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
rc
1 ) One hundred percent (1 00%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by
the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by 4- Qs Revised 10/08/03
P
Contract No. FACO5-09 Page 6 of 56 Pages
the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: August IO, 2005
c3 Revised 10/08/03 Contract No. FAC05-09 Page 7 of 56 Pages
CITY OF CARLSBAD
CONTRACTORS PROPOSAL
City Council
City of Cartsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares helshe has carefully examined the location of the work, read the Notice
Inviting 8ids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do alt the work to complete Contract No. FAC 04-05 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that hdshe will take in full payment therefor the following unit prices for each item complete, to wit:
SCHEDULE MA"
Approximate Quantity Unit 2nd Unit Price
A-1 Perform Exterior Masonry LS Lua-- $- Coating of Fire Sta. #05
$58,100.00 Dollars (Lump Sum)
Totat amount of bid in words for Schedule "A": Fifty Eight thousand and one hundred dollars and OC/lOO
Totar amount of bid in numbers for Schedule "A": $58,100.00
Price($) given above are firm for 90 days after date of bid opening.
included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not e Revised 10/08/03 Contract No. FAC 0509 Page 8 of 56 Pages
haebeen received and is/ @ Addendumta) No(s). e
t
t
I
E
I
t
be responsible for any error or omission on the part ofthe Undersigned in preparlng this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days fmm the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bklder &dares, under penalty of perjury, that the undersigned is licensed to do business or act ip the capacity of a contractor within the State of California, validly licensed under license number 538180 , classification C33 C61/D38 which expires on 06/30/2006 , and that this statement is true and correct and has the legal effect of
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City $ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Cashier's Check) for ten percent (10%) of the amount bid. Bid Bond (Cash, Certified Check, Bond or
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate af wages for each crafi or type of worker needed to execute the
Contract and agrees to camply with its provisions.
Revised 10/08/03 Contract No. FAC 05-09 Page 9 of 58 Pages
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1
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IF A SOLE OWNER OR SOU CO NTRACTOR SIGN H ERE
{I) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business (Street and Number)
IF A PARTNE RSHIP. SIGN HERe
(1) Name under which business is conducted
(2) Signature (given and surname and charader of parbler) made by a general partner)
(3) Place of Business (Street and Number)
@ Revised 10/08/03 Contract No. FAC 05-09 Page 10 of 56 Pages
IF A CORPORA TION. SIGN ERE;.
(1) Name under which business is conducted
SKI, Inc. dba Bielski Window and
(2) Tim Bielski (Signature)
rile>
President
Impress Corporate Seal tzere
(3) Incorporated under the raws of the State of California
(4) Place of Business 1200 N. Lance Lane
(Street and NumBer) City and State Anaheim, CA
(6) E-Mail tim@bielskisewices .corn
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE All'ACHED
List below names of president, vice president, sec
partnership, list names of all general partnen, an
lski. President
Joy Bielski, Secretary/Treasurer
a Revised 10/08/03 Contract No. FAC 05-09 Page 11 of 56 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
/-
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} ss.
State of California
County of D&WG t~
On 9 I!%/ zoo< before me, ,+wd 3. c.IEt( ,N&q &b/ib, Name and Title of Officer (e cj “Jane Doe, Notah Public”) ate
personally appeared
Name($ of Signer@)
E$&.onally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(sfwhose name(s)/is/aw
subscribed to the within instrument and
acknowledged to me that he/sbo#key executed
the same in hislkenYCrtir authorized
capacity(mj7 and that by his/kekYkeir
signaturewon the instrument the person(s);ar
the entity upon behalf of which the person(+
acted, executed the instrument.
.- Signatured Notary PuMic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons reking on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CE-t; OF &
Document Date: 9[!3/ Zobf Number of Pages: Lf
Signer(s) Other Than Named Above: /-p
Capacity(ies) Claimed by Signer
Signer’s Name: T[/ ZL ClSK
XptrzL Officer - Title(s): P@S;dGd 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
I 0 1998 National Notary Association * 9350 De Soto Ave., P.O. Box 2402. Chatswwth, CA 91313-2402. www.nationalwtaryorg Prod. No. 5907 Reorder: Call Toll-Free 1800-876-6827
License Detail Page 1 of2
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 5381 80
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Before relying
on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or
button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the
Board's license data base.
Extract Date: 09/14/2005
* * * Business Information * * *
SKI INC
dba BlELSKl WlNDOW AND MASONRY CLEANING
1200 LANCE LANE
ANAHEIM, CA 92806
Business Phone Number: (714) 630-2316
Entity: Corporation
Issue Date: 08/15/1988 Reissue Date: 06/22/1994 Expire Date: 06/30/2006
* * * License Status * * *
rhis license is current and active. All information below should be reviewed.
* * * Classifications * * *
class j Description
,C33 /PAINTING AND DECORATING 1 i 'D38 ISAND AND WATER BLASTING 1 x--xII^II_^xI" .
I~"I_IxIII_IIx-- l_ll -111
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 826447C in the amount of
http://www:!.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 09/14/2005
License Detail Page 2 of 2
License Number Request
. -- I
Contractor Name Request Personnel Name Request
$10,000 with the bonding company
DEVELOPERS SURETY AND INDEMNITY COMPANY.
Effective Date: 01/01/2004
Contractor's Bondina History
Salesperson Request
BOND OF QUAL FYING INDIVIDUAL(1): The Responsible Managllig Officer (RIVI MICHAEL BlELSKl certified that he/she owns 10 percent or more of the voting stocl
corporation. A bond of qualifying individual is not required.
Effective Date: 06/22/1994
Salesperson Name Request
) TIMOTHY
equity of the
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND Policy Number: 496-0000954 Effective Date: 10/01/1997 Expire Date: 07/01/2006
Workers Compensation History
* * * Miscellaneous Information * * *
Personnel listed on this license (current or disassociated) are listed on other licenses.
Personnel List Other Licenses
0 2005 State of California. Conditions of Use Privacy Policy
09/14/2005
r --
,.
,.-_
IC City of Carlsbad
October 24,2005
This is to veri@ that Bielski Window and Masonry Cleaning has applied for a business
license and has sent in the appropriate payment. The license is being processed and a
copy of the license will be provided as soon as completed.
Barbara Brandt
Business License Representative
1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #05
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City thragh action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the heck shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
'
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
a Revised 10/08/03 Contract No. FAC 05-09 Page 12 of 56 Pages
,-
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #05
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and ,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmlyby these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above
bounden Principal for: CONTRACT NO. 0509 EXTERIOR MASONRY COATING OF FIRE
STATION #05
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... ... ...
*.. ... ... ... ... ... ... ... ... ...
...
... ... ... ... ... ... ... ...
... e-
Revised 10/08/03 Contract No. FAC 05-09 Page 13 of 56 Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond. c_
Executed by PRINCIPAL this day of IZO-.
PRINCIPAL:
Executed by SURETY this day
(name of Principal) of IZO-. By: (sign here) SURETY:
(print name here)
(Title and Organization of Signatory)
(name of Surety)
(address of Surety)
By:
(sign here) (telephone number of Surety)
(print name here) By:
(signature of Attorneyin-Fact)
(title and organization of signatory) (printed name of Attorneyin-Fact)
,-
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorney
Revised 10/08/03 Contract No. FAC 05-09 Page 14 of 56 Pages
I
BID BOND
.
TKiE INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
BOND NO. N/A
KNOW ALL MEN BY THESE PRESENTS,
That we, SKI INC DBA BlELSKl WINDOW AND MASONRY CLEANING
as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY
authorized to transact a general surety business in the State of IOWA
a corporation
as Surety, are held and firmly
bound unto CITY OF CARLSBAD
(hereinafter called the Obligee)
in the full and just sum of
Dollars, ($ 10%
TEN PERCENT OF THE TOTAL AMOUNT OF THE BID
) for the payment whereof in lawful money of the United States, we bind ourselves, our
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
EXTERIOR MASONRY COATING OF FIRE STATION #05
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter
such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party
to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect .
day of SEPTEMBER 2005
YEAR
Signed and Sealed this
SKI INC DBA BIELSKI WINDOQ%ND MASONRY
CLEANING
DEVELOPERS SURETY AND INDEMNITY COMPANY
By:
Principal
CALIFORNIA } ss. STATE OF
COUNTY OF SAN DIEGO
On 74.2- a< , before me, D. KOHL
PERSONALLY APPEARED STEVEN R. BONILLA
personally known to me (or proved to me on the basis of satisfactoory
evidence) to be the persono whose name# is/+ subscribed to the
within instrument and acknowledged to me that he/s&/tM executed
the same in his/hfl/t&tr authorized capacity(ipf,,, and that by his//y4/tl&r
signaturew on the instrument the person(A, or the entity upon behalf
of which the person(d acted, executed the instrument,
WITNESS my hand and official seal.
Signature D /dd
This area for Official Noturiul Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
/*+”- DESCRIPTION OF ATTACHEWCR~UMENT /’ /’
,/”
LE OF TYPE OF DOCUMENT
PARTNER(S)
0 ATORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 GENERAL
NUMBER OF PAGES
,/ [7 OTHER: ,#
/./ ‘
/‘-“
c
SIGNER(S) OTHER THAN NAMED ABOVE \
ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 10725. IRVINE. ('A 02622 (040) 262-?300
KNOW ALL MEN BY TI IESE PRESENTS. tliiit c~ccpt ;I\ csprcs\ly liiiiitcd. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
C'OMPANY OF ('AL.IFORN1.4. do eacli. herehy 111ake. co~lht~lute slid nppnlilr:
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
RESOLVED. that tlic Chail-iiinn of tlic Hoai-11. tlic Prc~itlciit aid iiiiy Vice Prcsidciil ofllic corpnratioii he. iiiid Ilia1 ciicli of thciii ici-chy is, authorizcd In
cscc~~tc P(i\\,cr5 of Atturiicy. (1u;iIityin: rhc ;itrorllcy(s) iioiiictl iii tlic Powci s of Attoriicy to cxcc~itc. oil hchalf of the coi-lh(ii-;iticins. bonds. undertakings ;ind coIiIfiicts
of suretyship: ;iiid t1i;it the SKI-clary or any A\sistniit See[-ctary of llic corpnratioiih he. and each of tlieiii Iirrehy i5, authnrii.etl tn attest tlie execution of any SIICI)
Power of Attoriicy:
IIESOLVfl[l. FURTI IER. that tlic higiiaturch of hue11 officer5 may Iic ;ifti.;cil 10 iiiiy \wIi I'o\ccr ofAtttii.iicy or Iri any ccrtiticiitc rcl;itiiig tlicrcto hy
,: ,iL5iiiiilc. .:
tlic tiiturc \\it11 rczpcct to any hoiid. tiiidcrtiikiiig or contract ofsui-ctysliili to \vIiicIi it i\ :ittiiclicd.
IN WITNESS WtltREOF. DEVELOPERS SURETY AND INDEMNITY C'OMPANY mil INDEMNITY C'OMPANY OF C'ALIFORNIA liave severally caused
tliese pivseiits to he sigiied by heir respective Executi\e Vice Presidelit and attealed hy tlieir respective Secretary this I st day of October. 2003.
iiiid iiiiy \ucIi Power otAttoriicy nr cci.titiciitc licxiiig \iicIi liic\iiiiilc \i:ii;ittirch hall he \slid iiiid hiiidiiig qioii tlic coi-pnr:ilion wlicii so aftiuctl mid iii
--.
\ ly: r
David tl. Rhodes. Esecutive Vice-Presideiit
By: Walter A. &&-- Crowcll. Secretary
STATE OF CALIFORNIA )
COUNTY OF ORAN(;E )
)SS
On October I, 2003. before me. Diane I. Kawato. personally appeared David H. Rhodes and Walter A. Crowell. pet'sonnlly known to me (or proved to
iiic (111 the basis ofs;itisfactory cvidcncc) to he the persons wlinsc iiiinics iirc stlhscrihctl to the within instrument and acknowlcdgcd to nlc that thcy cxccutcd the
siiiic iii their authorizcd caliiicitics. and that hy their sigiiattircs (111 tlic iiistrwiiciit the entity iipnii hchalfofu~hich thc Iicrsons acted. cxccutcd tlic iiistriiiiiciit.
WITNESS iiiy huiid and ot'ficial sei11 ta- DIANE J. KAWATA
CE RT l FI C ATE
Tlic tiiidcrsigiicd. ;IS Scnior Vice-President. Uiidcrwritiiig of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. dnrs hereby certify that the foi-egoiiig Power of Attoriiry rrniailis iii full foIce and lias 1101 been revoked. and ftlttherinore. that tile provisions
ofthe resoliitioiis of tlic respective Boards of Directors of said corporations SKI forth iii tlie Power of Attoriiry. are iii force as ofthe date of this Certificate.
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting fkom a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
rc
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300 www.lnscoDico.com
ID-1498 (Rev. 5/03)
rc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
Wrsonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@j whose name(* islaw
subscribed to the within instrument and
acknowledged to me that helshe'lhey executed
the same in his/litenrtkeir authorized
capacity(- and that by hislherWlnir
signature(# on the instrument the person(*, or
the entity upon behalf of which the person(&
acted, executed the instrument.
-
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: in Tmd - OF LlsbJ-
Document Date:
Signer(s) Other Than Named Above: j k
orporate Officer - Title(s): 0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
.-
. . . . . . . . . . . . . . .
0 1999 National Notary As~ocialim .9350 De Solo Ave.. P.O. Box 2402. Chatswokh, CA 91313-2402. wwwnationalnotaryorg Prod No. 5907 Reorder: Call Toll-Free 1-8(Ku176-6827
Company Profile Page 1 of2
Jmpany Profile
The compan
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Service of Process
ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614
UbxabktoLocate the Agentfor-Service of Pmces?
Reference Information
NAIC #: 12718
NAIC Group #: 0075
California Company ID #: 4606-0
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: IOWA
August 30, 1999
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
r is a ithorized to transact business within these lines of insurance. For an explanation of any of these
terms, please refer to the &ossary.
SURETY
Company Complaint Information
& I CompgnEEnforcement Action Documents
QnqanLPe Efowance &Eo mpar ison Data
Camposi te Complaint Studies
http://cdinswww.insurance.ca.gov/pls/w-cogrof/idb - coqrof-utl.get-co_prof?p_EID=l00170 09/ 1 4/2 005
Compaay Profile *.
,a- Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - November 04,2004 1 1 : 18 AM
Copyright 0 California Department of Insurance Disclaimer
r‘- -
http ://cdinswww. insurance.ca. gov/pls/wu-coqrof/idb-cogrof-utl .get-cogrof?p-EID= 1 00 1 70
Page 2 of 2
09/14/2005
GUIDE FOR COMPLETING
THE ccDESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental
Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”,
“Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the
Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the ‘Contractor’s Proposal” are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name@) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
-
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
resuo nsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
,.- Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final.
Revised 10/08/03 Contract No. FAC 05-09 Page 15 of 56 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
Revised 10/08/03 Contract No. FAC 05-09 Page 16 of 56 Pages
I
I
n
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S 81D ITEMS
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #I5
The Bidder certifies that it has used the subbid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perfom any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR'S BID ITEMS
I I
None ! N/A 1
~ I I I
1
I
c
1);
Subcontractor's License No.*
Page .l of 1 pages of this Subcontractor Designation form
* Pursuant b section 4104 (aK2)(A) CalHornla Public Contract Code, receipt of the infomt&x pracedsd by an a&f&k may bs submitted by the Bidder up to 24 bum afbr the deadline for submitting Mde contained in the 'Notics InvlUng Ma'
Revised 1 Om03 Contrael No. FAC 0509 Page 17 of 56 Pages
I
i
1 !
I
i I
I
i
I i
I
II
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. 05.09
EXTERIOR MASONRY COATING OF FIRE STATION #05
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
Submitted under separate cover
L.
I
I
1
a Revised 1 O/WO3 Contract No. FAC 05-09 Page 18 of 56 Pages
Business Information Report: SKI, Inc Page 1 of 6
Business Information Report: SKI, Inc
0 2002 Dun & Bradstreet, Inc.
This D&B report is being provided for your review.
It may not be used for any other purpose or provided to anyone else.
- Not For Distribution -
*IN DATE*
DUNS: 11-629-1543 DATE PRINTED
SKI, INC OCT 11 2005 RAT I NG 1R2
BIELSKI WINDOW & ASONRY
CLNG. MASONRY CLEANING & STARTED 1979
1200 LANCE LANE HI STORY CLEAR
ANAHEIM CA 92806 SIC NOS.
SEALANT APPLICATOR EMPLOYS 20
TEL: 714 630-2316 73 49 17 41
c CHIEF EXECUTIVE: TIM BIELSKI, PRESIDENT
*** Additional Decision Support Available ***
Additional D&B products, monitoring services and specialized investigations are
available to help you evaluate this company or its industry.
Call Dun & Bradstreet's Customer Resource Center at 1-800-234-3867 from
anywhere within the U.S. or visit our website at www.dnb.com.
RATING SUMMARY . . . .
L
The "1R" portion of the Rating (the Rating Classification) indicates
business size of 10 or more employees for this company. The "2" on the
right (Composite Credit Appraisal) indicates an overall "good" credit
appraisal. This credit appraisal was assigned because the payment
information in D&B's file indicates the majority of this company's
obligations are retired satisfactorily and this company's number of
https://www.dnb.com/scripts/ProductRetriever.asp?DUNSNUMBER=ll6291543&REQ ... 10/11/2005
Business Information Report: SKI, Inc Page 2 of 6
years in business.
Below is an overview of the company's D&B Rating(s) since 01/01/91:
RATING ------
1 R2
2 R2
2 R3
2R3
BB2
BB3
CB3
--
--
DATE APPLIED ------------
08/27/01
05/07/01
08/11/00
08/13/99
0 9/02 / 95
09/05/92
10/25/91
05/24/91
01/01/91
The PAYDEX for this company is 73.
This PAYDEX score indicates that payments to suppliers average 11 days beyond
terms, weighted by dollar amounts. When dollar amounts are not considered,
approximately 84% of the company's payments are within terms.
Below is an overview of the company's dollar-weighted payments, segmented by - its suppliers' primary industries:
Total in D&B's file
Top 10 Industries:
1 Nonclassified
2 Radiotelephone commun
3 Whol brick/stone
4 Mfg paint/allied prdt
5 Gas service station
6 Whol industrial suppl
I Misc general gov't
8 Whol industrial equip
9 Telephone communictns
10 Executive office
13 112,700 60,000
2
2
1
1
1
1
1
1
1
1
11 OTHER INDUSTRIES 1
Other Payment Categories:
rc Cash experiences 0
Payment record unknown 0
Unfavorable comments 0
Placed for collection
60,050
1,250
35,000
7,500
5,000
2,500
750
250
250
100
60,000 100 -
1,000 90 10
35,000 50 50 7,500 - 100
5,000 100 -
2,500 100 -
750 100 -
250 50 50
250 100 -
100 100 -
- - - 50 50 100 -
0 0
0 0
0 0
https://www.dnb.com/scripts/ProductRetriever.asp?DUNSNUMBER=ll629 1543&REQ ... 10/11/2005
Business Information Report: SKI, Inc Page 3 of 6
with D&B
other
0 0
0 N/A
',--
The highest "Now Owes" on file is $35,000
The highest "Past Due" on file is $10,000
D&B receives nearly 400 million payment experiences each year. We enter these
new and updated experiences into D&B Reports as this information is received.
PAYMENTS (Amounts may be rounded to nearest figure in prescribed ranges)
Antic - Anticipated (Payments received prior to date of invoice)
Disc - Discounted (Payments received within trade discount period)
Ppt - Prompt (Payments received within terms granted)
REPORTED PAYING
RECORD
HIGH NOW PAST SELLING LAST SALE
CREDIT OWES DUE TERMS WITHIN
09/05 Ppt 2500 1000 -0- 1 10 N30 1 Mo
Ppt-Slow 30 35000 35000 10000 1 Mo
08/05 Ppt 60000 2500 -0- 1 Mo
PPt 5000 2500 -0- N30 1 Mo
PPt 50 50 -0- 1 Mo
Slow 30 7500 1000 -0- 1 Mo
(008 1 750 1 Mo
Ppt-Slow 30 250 -0- -0- N30 6-12 MOS
Satisfactory. - 06/05 Ppt 250 -0- -0- 6-12 MOS
05/05 Ppt 100 1 Mo
04/05 Ppt 1000 1000 -0- 1 Mo
PPt 50 -0- -0- N30 6-12 MOS
08/04 Ppt-Slow 30 250 -0- -0- 6-12 MOS * Payment experiences reflect how bills are met in relation to the
terms granted. In some instances payment beyond terms can be the
result of disputes over merchandise, skipped invoices etc.
supplier. Updated trade experiences replace those previously
reported.
* Each experience shown represents a separate account reported by a
FINANCE
10/10/05 Sources contacted verified information on September 28, 2005.
PUBLIC FILINGS
The following data is for information purposes only and is not the
official record. Certified copies can only be obtained from the
official source.
https://www.dnb.com/scripts/ProductRetriever.asp?DUNSNUMBER=116291543&REQ ... 1011 1/2005
Business Information Report: SKI, Inc Page 4 of 6
FILING NO: 9819561050 DATE FILED: 07/14/1998
TYPE : Original LATEST INFO RECEIVED: 07/22/1998
DEBTOR: SKI, INC. STATE/UCC DIVISION,
c SEC. PARTY: CALIFORNIA STATE BANK, BREA, CA FILED WITH: SECRETARY OF
and OTHERS CA
This data is for informational purposes only, certification can only be
obtained through the Sacramento Office of the California Secretary of State.
FILING NO: 99245C0410 DATE FILED: 08/30/1999
TYPE : Amendment LATEST INFO RECEIVED: 09/24/1999
SEC. PARTY: FIRST SECURITY BANK OF ORIG. UCC FILED: 07/14/1998
CALIFORNIA, BREA, CA ORIG. FILING NO: 9819561050
DEBTOR: SKI, INC. FILED WITH: SECRETARY OF
and OTHERS STATE/UCC DIVISION,
___--_______--____-------------------------------------------------------------
CA
This data is for informational purposes only, certification can only be
obtained through the Sacramento Office of the California Secretary of State. ...............................................................................
FILING NO:
TYPE:
SEC. PARTY:
DEBTOR:
9819561050 DATE FILED: 08/27/2002
Amendment LATEST INFO RECEIVED: 09/04/2002
FIRST SECURITY BANK OF ORIG. UCC FILED: 07/14/1998
CALIFORNIA, BREA, CA ORIG. FILING NO: 9819561050
WELLS FARGO BANK, N.A., SAN JOSE FILED WITH: SECRETARY OF
CA STATE/UCC DIVISION,
SKI, INC. CA
and OTHERS
- This data is for informational purposes only, certification can only be
obtained through the Sacramento Office of the California Secretary of State.
COLLATERAL: Account(s) and proceeds - General intangibles(s) and proceeds -
FILING NO: 9709360207 DATE FILED: 04/02/1997
TYPE : Original LATEST INFO RECEIVED: 04/15/1997
SEC. PARTY: CALIFORNIA STATE BANK, BREA, CA FILED WITH: SECRETARY OF
DEBTOR: SKI, INC. STATE/UCC DIVISION,
...............................................................................
Equipment and proceeds
and OTHERS CA
This data is for informational purposes only, certification can only be
obtained through the Sacramento Office of the California Secretary of State.
FILING NO: 9709360207
TYPE : Termination
SEC. PARTY: CALIFORNIA STATE BANK, BREA, CA
DEBTOR : SKI, INC.
and OTHERS
This data is for informational purposes only,
obtained through the Sacramento Office of the
DATE FILED: 08/23/1999
LATEST INFO RECEIVED: 08/31/1999
ORIG. UCC FILED: 04/02/1997
ORIG. FILING NO: 9709360207
FILED WITH: SECRETARY OF
STATE/UCC DIVISION,
CA
certification can only be
California Secretary of State.
COLLATERAL: Leased Business machinery/equipment and products
FILING NO: 94187193 DATE FILED: 09/12/1994
TYPE : Original LATEST INFO RECEIVED: 10/26/1994
SEC. PARTY: VANGUARD FINANCIAL SERVICE CORP. FILED WITH: SECRETARY OF
DEBTOR : SKI INC. CA
-
LOMBARD, IL STATE/UCC DIVISION,
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Business Information Report: SKI, Inc Page 5 of 6
and OTHERS
The public record items contained in this report may have been
paid, terminated, vacated or released prior to the date this
report was printed.
HISTORY
10/10/05
TIM BIELSKI, PRESIDENT JAMIE MAGANA, MANAGER
HECTOR ZAVALA, MANAGER
DIRECTOR(S): THE OFFICER(S)
......................................................................
* * * CORPORATE AND BUSINESS REGISTRATIONS * * *
REPORTED BY THE SECRETARY OF STATE
OR OTHER OFFICIAL SOURCE AS OF 09/30/2005
This data is for informational purposes only, certification can only
be obtained through the Sacramento Office of the California Secretary
of State.
......................................................................
REGISTERED NAME: SKI, INC.
rc CORPORATION TYPE: PROFIT
BUSINESS TYPE: CORPORATION
REGISTRATION ID #: C1169618
FILING DATE: 02/22/1983
STATE OF ORGANIZATION (INCORPORATION): CALIFORNIA
DATE OF ORGANIZATION (INCORPORATION) : 02/22/1983
STATUS: ACTIVE
WHERE FILED: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA
REGISTERED AGENT: TIM BIELSKI, 535 W. LAMBERT #B, BREA, CA 92621
PRINCIPALS: TIM BIELSKI, PRESIDENT, 535 W. LAMBERT #B, BREA, CA 92621
Business started 1979 by Tim Bielski. Relocated Feb 1993 from
535 W Lambert Rd # B. 51% of capital stock is owned by Tim Bielski.
49% of capital stock is owned by Joy Bielski.
active here.
TIM BIELSKI born 1960. OCCUPATIONAL BACKGROUND: 1979-present
JAMIE MAGANA. 1985 - present Ski, Inc.
HECTOR ZAVALA. 1990 - present Ski, Inc.
Business address has changed from 239 Viking, Brea, CA, 92821 to
1200 Lance Lane, Anaheim, CA, 92806.
OPERATION
10/10/05 Window cleaning and masonry contractor.
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Business Information Report: SKI, Inc Page 6 of 6
ADDITIONAL TELEPHONE NUMBER(S): Facsimile (Fax) 714 630-2503.
Toll-Free 800 243-5754.
Terms are net 30 days. Has 250 account(s). Sells to commercial
concerns. Territory : Local.
Season peaks Mar-Jan. Business slow Feb.
EMPLOYEES: 20 which includes officer(s). Employees peak to 17
during Mar-Jan and drop to 9 during Feb.
FACILITIES: Owns 4,500 sq. it. on 1st floor of 1 story concrete
block building.
LOCATION: Industrial section on well traveled street.
10-11 (2PG /001) 99999 098182182
FULL DISPLAY COMPLETE
0 2004 Dun & Bradstreet Inc.
November 4,2004 - GTO
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BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. OW9
EXTERIOR MASONRY COATING OF FIRE STATION #05
The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which wilj enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
0413 00 5 , 00 Masonry restore Swinerton Builders Axel Hartq uis t Lead Paint Abatehe
865 S Figueroa #300C 213-622-0396
1 1 I I 05/2005 IKOR Realty 1 JohnSambuck IMasonry Restore $90,000. , I
'"CI Wilshire #'0° 1323-9303700 +.- ILead Paint AbateLent I IL. 'A. CA 90026
1 I ngo ing Bledsoe Masonry !Bob Bledsoe Masonry Restore
4680 Felspar #B 1 909-360-6140 Caulking Various
I I
Riverside, CA 9250d
Various
Various
@ Revised 1 OIOWO3 Contract No. FAC 05-09 Page 19 of 56 Pages
00
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 0509
EXTERIOR MASONRY COATING OF FIRE STATION #05
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of: 1.
0 Comprehensive General Liability
0 Automobile Liability
0 Workers Compensation
0 Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
rc-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
I) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Revised 10/08/03 Contract No. FAC 05-09 Page 20 of 56 Pages
PRODUCER Brakke-Schafnitz Ins. Brokers
License #0428915 38202 Cabot Road, Suite 500 guna Niguel CA 92677-1251
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
snone:949-365-5100 Fax:949-365-5161
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSURERS AFFORDING COVERAGE NAlC #
ASR LTR -
A
-
B
c
Ski Inc Dba B/elski Window & Masonry Cleaning
Anahelm CA 92806 1200 qance Lane
DES
INSURERB: Clarendon National Ins Co
INSURERC: State COmp Ins Fund
INSURER D:
INSURER E
TYPE OF INSURANCE
MED EXP (Any me person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GENERAL LIABILITY
GENERAL LlABlLllY
CLAIMSMADE OCCUR 8 5, 0 0 0
$ 1,o 0 0,o 0 0
$ 2 . 0 0 0 -0 0 0 tl
PRODUCTS - COMPIOP AGG
COMBINED SINGLE LIMIT (Ea accident)
GENL AGGREGATE LIMIT APPLIES PER
LOC PRO- POLICY JECT
$ 2 O O O O O O
$ 1, 0 0 0 , 0 0 0 AUTOMOBILE LIABILITY
ALL OWNED AUTOS
SCHEDULED AUTOS
AGG AUTO ONLY $
WORKERS COMPENSATION AND EMPLO~~RS' LIABILITY
EXCESSNMBRELLA LIABILITY _;~1 OCCUR n CLAlMSmDE
ANY PROPRIETOWARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED?
C~LSBA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO hWL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
- City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad CA 92008-7314 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ..
If yes, describe under SPECIAL PROVISIONS below
OTHER
Pollution Liabilit
Lead Abatement
RIPTION OF OPERATIONS I LOCATIONS / VEHll
POLICY NUMBER
12wbp43 6 07 0 0
PA10106840
12EMX4 3 6 0 8 0 0
49 695405
123MP4360700
CLAIMS MADE
.ES I EXCLUSIONS ADDED BY ENDORS
'OLICY EFFECTIVE DATE (MMIDDMY)
06/01/05
01/15/05
06/01/05
07/01/05
06/01/05
ENT I SPECIAL PRC
POLICY EXPlRATlOf DATE (MMIDDNY)
06/01/06
01/15/06
06/01/06
07/01/06
06/01/06
ISIONS
LIMITS
EACHOCCURRENCE l$1.000.000
BODILY INJURY (Per person)
BODILY INJURY (Per accident) I PROPERTY DAMAGE (Per accident)
EACHOCCURRENCE $ 4,000,000
1,000,000
I Richard Kuehn ACORD 25 (200ll08) 0 ACORD CORPORATION 1988
INSURED: SKI, INC. DBA: BIELSKI WINDOW & MASONRY CLEANING
POLICY # 12EMP4360700
POLICY PERIOD: 6/1/05 to 6/1/06
(b) Rented ta. In the care, custody ar mtml of, or over which phploal conml Is belng
You, any rrf Fur EMPLW€EB, any pmer or membrrr (It yau are a partnership or joint vsntursf or, any member <# you are 8 Ifmited fiability mpany).
b. Any psrson (mer than your €MPLOYEE) or any arganhtion while dng as your real estate manager.
c Any pe~m or wgRnkah havhg proper tempm7y custody OT yow property If you die, but Dnly:
(I) Wlh respect to IJabIlifyarjshe cut of &he malntenenae muse of that pmperry; and
(2) Untll pur Iwl repwsentallve has been appohted.
d. Your legal repreaentsltlwe if yau die, but only with raped ta duties as such* That representative will hava all your fl~hts and dutbs under this pdlcy.
3. Under Coverages A, %. end C., With respect la M08ILE EQUIPMENT registered in your name under any motor vehlcle registrsltlon law, any persun Is an Insured while driving such equipment d0nQ a public highway wilh your permlsslon. Any other pewon or organiz8tbn responsible Far ihe conduct of such person ls &a an insuttd, but only WHh respect tu Ikblllty arlsing aut of the apmtion ot the equlpment, and only If no other insurance of my kind Is available to that person or orgenbtlon for thls liability. However, no p8Sm or organization is an insured wlth respectto:
8. BODILY INJURY lo B co-EMPCOVEE of rhe person driving fhb equlpment; or
b. PROPEW DAMAGE to pmpertynwned by, mnted to, in the ch~me of or occupied by you or the ernplopr of any person who is an insured underthls provision.
4. Under Coveregas A., B. and C.. any organirallon you newlyaquim or form, other than u partnershlp, jdnc wnture or limked liability company, and over whlch you mahraln ownemihlp or majority Inlerest,
All qualify RS a Named lnsuwd If there is no other shilar insurance available to !ha1 organizaaon. However:
a. Coverage under Ihw provlsian Is afforded mly unril me Both day after you acquire or form the argenlretlon or the and of Ihe PDLIC’YPEFUOD, whlohww Is earller.
b. Covenge A does not apply 10 BODILY INJURY or PROPERN ’DAMAGE that occurred before you acquhd or formed the arganlzatlon.
c. Coverage 0. does not apply to PERSONAL AND ADVERVSlNG INJURY arising out of an affmse committed before you acquired or formed Me mizaHon.
No person or organization k an Insurad with respect to the canduct 07 any current or past partnership, Joint venture or limited liability company that Is not shown as a Named lneurerj in Rem 1 of the
exemisad for any purpose by
A Dedaretions.
~~ ~ WJzr~aam onh kr Itablllty arising aut ofVaUR WORK, end edudhag liability arising 03 of such - clients own negllgenoe.
6. Under Coverage D. (and Coverage F. if applicable), each bfthe fobwlng is an insured:
a. The person or entity dmlgnated as the Named Insured In itam 1 of the Declarations;
b. Your current or former principals. pwtners, E%€CUTrvE OFFICERS, directors, stockholders or EMPLOYEES, but only within ma scape of their duties a8 such;
OD EMP0002 00 03 04 Page 20 of 38
INSURED: SK1,INC. DBA BIELSKI WINDOW & MASONRY CLEANING
POLICY PERIOD: 6/1/05 to 6/1/06
. POLICY #12EMP4360700
8. Legal Action &ahst US
No perom or organlzatbn has a rlght under this Pdlcy:
a. To loin us aa a party or otherwise bring u9 into a SUIT aJlng br damages Ctwn an Irrsured; or
b. To sue us M thls Poky unlebs all of it9 terms have been fully complied wifh,
A person or organlzatlon may SUB us to rtlcov~~ on an agebd settlement or on B final judgment against an insured &Wned after an schml thl; but we will not be Ilable for damages that are not payable under the terms of Vri Poky of Met ere in excess of the tppllcable Ifmi! of insurance. An agreed seltlemt means a seUIement and release of IiWIKy slgned by us, the lnsursd and ths dalmant or the claimant’s legal reprmmb(lve.
9. Named ~nnsumd8
a.
b.
The FIRST NAMED INSURED Is authorlted to sct on behalf of all persons of Org8nlzstiQflS insured under this policy with respect ta all matters psrtakring to the huranoe provided by #116
policy.
Each Named Insured C Jolntly and semrally liable far:
(1 ) All premlumr due under thb pdlw, and
(2) All obligations that adme due 10 arty deductlble or self Insured retention (mcludlng CLAlM EXPENSES) which may apply to thts policy; end
(3) Any other flnanaal obllgdons of the named Jneured to us arlshg oul of any agreements oontalned kl lhh pdicy.
AppIkabbtO C%VeWet A 8nd B.
R other velld and collecllble insurance Is available to an Insured for a LOSS wa cover under Couemge A, w 8. of this Policy, our obUgatlon6 are fimlted as fdlc~ws:
EL Prfrnaw Insurance I
i
Thls Insurance is prlmery except when b. below applles. If thls insurance is primary, our obligaUons are not effected unless any of the other Insurance I6 also primary. Then, w8 will share wlth all that other tnwmnce by the method dsscrlbed in G. belaw.
b. Exoess lnsuranae
Thls insurance Is amss ww.
(1) Any of lhe other hrmnce, whether primary, exoess, oanrlngent or an my other basia:
(a) Thal is Fim Exfended Coveraga, BuRdets Risk, InstPtllatfm Risk or slmllar coverage for
(b) That Is Flre Imunnce for premlses rented to you or temporarity accupbd by you \Him
YOUR WORK
psmlssion of the owner;
t
00 EMP0002 00 03 W
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NAMED INSURED: SKI, INC. DBA: BIELSKI WINDOW & MASONRY CLEANING
POLICY #I 2 EMP4360700
POLICY PERIOD: 6/1/05 to 6/1/06
/-
You shall promptiy upon our reques! provide US with caples of all polides potentlatly appticsbls to LOSS covered by Coverage D. or Coverage E. or Coverage F. if appilable.
11. Repraosnbtions
By acceptlng his pollcy. you a~rae:
a. me statements m the Declarations ere accura!e and cornplele;
b. Those statements are based on feprsentatlons you made to us; and
c. WQ have Zseued this pdlcy In reliance upon your representatiitw
i 2. Sepamtion mf incurads
Except wlth respect to the Limits of Insurance. and any qghts or duties speclflcally .assigned to you, this lnsurance applies:
a. As If each Named Insured wera the only Named Insured; and
b. Separately to each Insured against whom a CUM la made.
Mlsrepresentstion, concealment, breach of cmbact or violallon of any duly under {hls poky by one insured shall not pre]udlee the Interest of coverage of anoLher insured Under this pollcy.
13. .SSutrmmtlMI
In the event ol any payment under !his poky, we shall be subrogated to all your flohts of recovery ageinst any person or organkath end you shall w8- and deliiver InsCruments and papers and do matever else Is n9cessary to SecUW such rights. You shall do nothing (0 prejudice 8UGh rlghfs.
We Shall no1 exercisse any -oh rimht against any persons, firms, or tarporatlons described as an insured by Sedan 111 - Who le an insured or @nSt your dlenta If prlor to the I3LAIM, a waiver of
subrogation wag so requlred and mccepted under a WecIfIc ContraGtUal undertakiig by you.
0
u All Facaverlea obmlned through subrogation shall be applled equally towards your deductible or refenlion as appricebre and our costs wlth eny mafning balance payable to us.
S€~ON VI - EKFENDED REPORTJNO PERIOD - CW€RACE E. AND COVERAGE f. (If applicable)
Arhornatlo Extended Claims Reportlng Perlod
If we or you terminate coverage or non-renew 911s insurance for any reason other than nonpayment of premium or deductible, your fallurn to comply wlth any !em and condition, or fraud or material misrepresentation, you shell be entitled to a perlod of sixty (60) days from the date of pulley termination to report CLAIMS coverad by Coverage E, or Coverage F. of this Policy which are made agalnst you prior to such tennlnallon and that arlse out af a WRONGFUL ACT under Coverage E. or a POLLUTION WENT M WRONGFUL ACT under Cwemge F. that took piace on or after the RETROACTIVE DATE and before ha explwffon of [he POLICY PER100.
This Autometlc Wended Claims Reporting Perlad may not be candled by us and daes not require the payment of an additional pramium. This AUtom8tk: Extended Claim Reporting Perlod does not lncreaee or reinstate the Limb of Insurance epplieeble under the poflcy. The cc#0rage afforded Ibr CLAIMS fmt reponed durlng the Automatic Extended Clalms Reporting Perlod Is ex- over any other valid Insurance, whether oollectlble or not.
SECTION VI1 - DEFINlTlONS
,- 00 EMP0002 00 03 04 PEge 28 Of 36
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BIDDER'S STATEMENT -RE DEBARMENT
(To Accompany hpsal)
CONTRACT NO. 0509
EXTERIOR MASONRY COATING OF FIRE STATION #05
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
2) If yes, what wasEwere the name(s) of the agency(ies) and what wadwere the period@) of debarment(s)? Attach additional copies of this page to accommodate morethan two debarments.
party debarred
agency agency 6
I 1 414- period of deba period of debhnent
/ 8Y CONTRACTOR:
onry
Tim Bielski, -President
(print nameltitle)
Cleaning
Page - 1 of - pages of this Re Debarment form
a Revised 10/08/03 Contract No. FAC 05-09 Page 21 of 56 Pages
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #05
Contractors are required by law to be licensed and regulated by the Contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors' State Liwnse board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor's license suspended or revoked by the California Contractors' State license 8oard two or more times within an eight year period?
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portlon of ths Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
xxx
Yes no
Has the suspension or revocation of the license qf any subcontractor's that you propose to
perform any portion of the Work ever been stayed?
N/A
Ye8 no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken berefor.
(If needed attach additional sheets to provide full disctosure.)
Page 1 of 2 pages of this Disclosure of Discipline form
Revised 10/08/03 Contract No. FAC 05-09 Page 22 of 56 Pages
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. 0509
EXTERIOR MASONRY COATING OF FIRE STATION #05
6) If the answer to either of 2. or 4. above is yes fully identify, in ea& and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(if needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
ry Cleaning
(print nameNile)
Page 2 of 2 pages ofthis Didosure of Discipline form
Revised 10/08/03 Contract No. FAG O5-09 Page 23 of 50 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT
State of California } ss. Countyof 0 WE
dmnally known to me CI proveU to me or( the basis of satisfactory
evidence
to be the persono whose narne(s=j-is/e
subscribed to the within instrument and
acknowledged to me thatke/she/they executed the same in hklherltbeir authorized
capacityw and that by hiefherltheir signaturew on the instrument the paBnMc)yor the entity upon behalf of which the person(+
acted, executed the instrument.
OPTIONAL
Though the informatian beI4w Is nof required by law. it my pmve valuable to persons rdylng on the documenf and could prevent fraudulent removal and mohchrnonl of thk ;farm to another doaimant &+, oc Ck/lsbcL
%-J dL pws 06- u34c Description of Attached Document
Title or Iype of Document: -htd &dW - kGee;d &ddb&c,d
I
Niimber of Pages:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer
0 Partner - 0 Limited n General U Attorney-in-Fact u rrustee
Signer Is Representing.
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMtTTED WITH BID
PUBLIC CONTRACT COOE SECTION 7f08
CONTRACT NO. 05.09
EXTERIOR MASONRY COATING OF FIRE STATION #05
State of California 1
Cuuntyof ORANGE 1 ) ss.
Tim Bielski , being first duly sworn, deposes (Name of Bidder}
and says that he ddtdis
of SKI, Inc., dba Bielski Window and Masonry Cleaning
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indimctly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a coliusive or sham bid.
I declare under
executed on the day of SeDtember ,2005 .
Pres iden t crw
(Name of Firm)
that the foregoing is true and correct and that this affidavit was
Subscribed and sworn to before me on the 13th day of September ,2005 .
by Tim Bielski, personally known to me oqwevcd tR ~lp nn th~ h- Y e&&mse to be the person who appear {NOTARY SEAL)
COMII. t1446sa
mrrARYPUBUC.CMORM
e Revised 10/08103 Contract No. FAC 05-09 Page 24 of 58 Pages
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1. City of Carlsbad
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August 31,2005
ADDENDUM NO. 1
RE: EXTERIOR MASONRY COATlNG OF FfRE STATION #05
610 NO. PWS0646FAC, CONTRACT NO. 38481
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged-must be attached to your Request for Bid when
your bid is aubrnibd.
KU:rh
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
, In,4ba Bielski Window and Masonry Cleaning
--I
r- 1636 Faraday Avenue * Carlsbad. CA QZOO8-7314 - (760) 602-2730 FAX (760) 602-8562 @
___.~ __-__- --- . -. -
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August 31,2005
TO: Kevin Davis, Buyer
FROM: Public Works Supervisor, Contracts and Agreements
FAC 05-09 EXTERIOR MASONRY COATING OF FIRE STATION #05
REQUEST FOR ADDENDUM NO. 01
Please prepare Addendum #01 to the contract covering the following issues:
1. On page 5 of 56 (Notice Inviting Bids) Add the following:
CLASSIFICATIONS FOR CONTRACTORS ARE: (B General Building, C-33
Painting and Decorating, and C-39 Roofing Contractor)
.,--
DALE A. SCHUCK
Public Works Supervisor, Contracts and Agreements
c: Facilities Supervisor File
Addendum #1 FAC 05-09
CONTRACT
PUBLIC WORKS
day of )3 oue-* 1 208, ,& This agreement is made this
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "Cityl), and SKI INC., dba BlELSKl WINDOW AND MASONRY CLEANING whose
principal place of business is (hereinafter
called "Contractor").
1200 LANCE LANE ANAHEIMCA 92806
City and Contractor agree as follows:
1.
for: EXTERIOR MASONRY COATING OF FIRE STATION #05, 08/01/05.
Description of Work. Contractor shall perform all work specified in the Contract documents
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, - Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated he rei n by t h is reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplements thereto, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each
month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
c
e= %# Revised 10/08/03 Contract No. FAC 05-09 Page 25 of 56 Pages
other job conditions is for Corrtmctor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City. T
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
-
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
@ Revised 10/08/03 Contract No. FAC 05-09 Page 26 of 56 Pages
/-- Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
_c b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
-
c. Any failure to comply with reporting 'provisions of the policies shall not affect coverage provided
'3 Revised 10/08/03 Contract No. FAC 05-09 Page 27 of 56 Pages
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
/c-
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated heein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91403.
-
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104,2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
-
Revised 10/08/03 Contract No. FAC 05-09 Page 28 of 56 Pages
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
.--
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claimsare incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section I1 above. init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correctbn.
- 16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORJES MUST BE
Revised 10/08/03 Contract No. FAC 05-09 Page 29 of 56 Pages
ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
the State of California . By: Ad Wfl City Manager
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate sealem powering that officer to bind the corporation.
APPROVED AS TO FORM:
-
RONALD R. BALL
City Attorney
By:
Deputy City Attbrey
@ Revised 10/08/03 Contact No. FAC 05-09 Page 30 of 56 Pages
r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of OM GfE I ss.
On (~/\~,/~~~ Date before me, Dwd n ' 1431 UJbq tLbi4;
Name and Title of Officer (e g "Jak Doe, Notary Public"f
personally appeared m 3dSh
Name@) d Signer@)
&sonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personw whose narnee)cis/e
subscribed to the within instrument and
acknowledged to me that heMt&hey executed
the same in his/kerfmeir authorized
capacityw, and that by his/kedmir
signaturewon the instrument the person(cor
the entity upon behalf of which the person(*
acted, executed the instrument.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document G-T o F &ls ha
Title or Type of Document: Lkd PdI1.L Id0 ,KS -Btm 05-07
Document Date: 7 Number of Pages: 6
Signer(s) Other Than Named Above: NOAM-
Capacity(ies) Claimed by Signer
Signer's Name: TiUn 131 2s ku
0 I ividual R Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
, 0 1999 National Notary Asmiation. 9350 De Sot0 Ave, P.O. Box 2402. Chatworth, CA 91313-2402 * w.natonalnotary.org Prod. No. 5407 Rwrder: Call Toll-Free 1-800-8766827
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
I State of California
On whjf before me,
personally appeared 1 Name@) ot Signer(s)
&sonally known to me
0 proved to me on the basis of satisfactory
evidence
rc
.."-
to be the person(gYwhose name(Wislate-
subscribed to the within instrument and
acknowledged to me that.Plt/she/tkey executed
the same in loistherltkeir authorized
capacity@), and that by +isIher/tb&
signature@) on the instrument the person(* or
the entity upon behalf of which the person(+
acted, executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document q bFGJ/~b~
tc L' I,& Inlor\cs *FAC 05/67
- Number of Pages: c Title or Type of Document: Lkd P
Document Date:
Signer@) Other Than Named Above: (3N6
Capacity(ies) Claimed by Signer
Signer's Name:
Gsufcf
0 Partner - 0 Limited 0 General
13 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other: I I
Signer IS Representing: Id C J! bL3dsk
0 1999 National Notary Assodation * 9350 De Solo Ave.. P.0. Box 2402. Chatsworth, CA91313-2402. www nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free l-&W-87&6827
BOND NUMBER: 725407P
$ 1 453.00 premium is for contract
'rrn and is subject to adjustment based On
.tal contract price.
- FAITHFUL PERFORMANCENARRANTY BOND
WHEREAS, the City of Carlsbad has awarded to
MASONRY CLEANING
for:
SKI INC., dba BlELSKl WINDOW AND
(hereinafter designated as the "Principal"), a Contract
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #05
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE,
Principal, (hereinafier designated as the "Contractor"), and
SKI INC., dba BlELSKl WINDOW AND MASONRY CLEANING , as DEVELOPERS SURETY AND nJE3l"DTY
COMPANY as Surety, are held firmly bound unto the City of Carlsbad
in the sum of FIFTY EIGHT THOUSAND ONE HUNDRED Dollars ($58,100), said sum being an
amount equal to: One hundred percent (100%) of the total amount payable under the terms of the
contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves,
our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these - presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
/ '-
e- %# Revised 10/08/03 Contract No. FAC 05-09 Page 33 of 56 Pages
c In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 19th
day of October 20 05 .
CONTRACTOR:
Executed by SURETY this 18TH day of
OCTOBER 120 05
SURETY:
DEVELOPERS SURETY AND INDEMNITY COMPANY
(name of Surety)
17780 FITCH, IRVINE, CA 92614
(address of Surety)
(telephone number of Surety)
Tim Bielski (print name here) 949-263-3300
President, SKI, Inc.
(Title and Organization of Signatory) By: d& f&
(signaure of Attorneyin-Fact)
b
RAJAN PATEL
(printed name of Attorneyin-Fact)
(print name here) (Attach corporate resolution showing current k
Secre tarv/Treasurer . SKI. Inc . power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
Revised 10/08/03 Contract No. FAC 05-09 Page 34 of 56 Pages
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
PERSONALLY APPEARED RAJAN PATEL
WITNESS lily halid mid oflicial seal.
This czreci,for Officicil Noturiul Seal
OPTIONAL
Though the data below IS not required by law, it may prove valuable to persons relying on the document and cou!d,-"
preknt fraudulent reattachment of this form , ,/' \,\. CAFAWY CLAIMED BY SIGNER D Esc R i mi 0 N 0 F An-DGCu M E NT
\\\ ,e
CI /' I L... 0 INDIVIDUAL
,/ ' ,'
2, , '* TITLE OF TYPE OF DOCUMENT '*\
CORPORATE oFFic$\---
,
]I! PARTNER(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIANKONSERVATOR
0 OTHER
/'
,'
DATE OF DOCUMENT
\
SIGNER IS RFPf%ESENTING:
NAME OF PEJ3dN(S) OR ENTITY(1ES) ,/' ,/'
\
SIGNER(S) OTHER THAN NAMED ABOVW
ALL-PURPOSE ACKNOWLEDGEMENT ID-1232 (REV 5/01)
_--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c-
<-
I State of California
County of MrrG
before me, On ID/! Y Date
personally appeared
CUlf(ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the e whos-idare
subscribed to the within instrument and
acknowledged to me that Melthey executed
the same in bidkrltheir authorized
capacity(ies), and that by kifCkerltheir
signature@) on the instrument the person@), or
the entity upon behalf of which the person@)
acted, executed the instrument.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document '1;3mB * ?2S%7 p
Title or Type of Document:
Document Date: 1 (,e Number of Pages: 2
Signer@) Other Than Named Above: h, crk\*
Capacity(ie Claimed by Signer
Signer's Name: &Ti.. m7:rAs ax &i%*dsQ
Xrttr2 Officer - Title(s): (D &--&a@& @&7J ~ Fear
Signer Is Representing: s&, !hjG
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
-.
LSk [AIr7doG3
0 1999 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402. Chatsworth, CA91313-2402 . w.nabonalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827
BOND NUMBER: 725407P PREMIUM: INCLUDED WITH PERFORMANCE BOND
.- LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad has awarded to
MASONRY CLEANING
for:
SKI INC.. dba BlELSKl WINDOW AND
(hereinafter designated as the "Principal"), a Contract
CONTRACT NO. 05-09
EXTERIOR MASONRY COATING OF FIRE STATION #05
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, , as Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad
in the sum of FIFTY EIGHT THOUSAND ONE HUNDRED Dollars ($58,100), said sum being an
amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the
contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves,
our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
presents.
SKI INC., dba BlELSKl WINDOW AND MASONRY CLEANING
DEVELOPERS SURETY AND
INDEMNITY COMPANY
t
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hislher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
31 81, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
e= %# Revised 10/08/03 Contract No. FAC 05-09 Page 31 of 56 Pages
Executed by CONTRACTOR this 19th -
day of October ,2005.
CONTRACTOR:
BY:y g here)
Tim Bielski
(print name here)
President, SKI, Inc.
(print name here)
Secretarv/Treasurer . SKI. Inc.
Executed by SURETY this 18TH day
of OCTOBER ,20&.
SURETY:
DEVELOPERS SURETY AND INDEMNITY COMPANY
(name of Surety)
(address of Surety)
17780 FITCH, IRVINE, CA 92614
949-263-3300 (telephone number of Surety)
(signatu& of Attorney-in-Fact) By:
WAN PATEL
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney\
Revised 10/08/03 Contract No. FAC 05-09 Page 32 of 56 Pages
} ss. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Or1 /O-/v,n3’ , bejiir-e 172e, D. KOHL
PERSONALLY APPEARED RAJAN PATEL
WITNESS iiiy hmd uiid &icial seal.
This re^ Jbr O@icil Nutcwiul Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could,,/-”*
prehveqt fraudulent reattachment of this form. 4,’ ,’
,/’ -. .. k.
DESCRIPTION OF ATTA~E~DOCUMENT _,
/
CA~A~Y CLAIMED BY SIGNER
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2, \ 0 INDIVIDUAL
0 CORPORATE OFFICER ‘-. ‘. .. z TITLE(S) ..
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,_ -’’ TITLE OF TYPE OF DOCUMENT /-
,/’ ., ,‘ 1. c! PARTNER(S) LIMITED ‘\
0 ATTORNEY-IN-FACT NUMBER OF PAGES
\ DATE OF DOCUMENT
GENERAL
TRUSTEE(S) /A 0 GUARDIAN/CONSERVATOR ,’ OTHER
SIGNER IS REPRESENTING:
NAME OF P€,RSi)N(S) OR ENTITY(IES)
/‘
SIGNER(S) OTHER THAN NAMED ABOVh
1 -.
%. . ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT ‘*,
r
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO IWX 10725. IRVI~~F CA O~Q\ w)) 767-13110
KNOW ALL MEN Rl' 1.1 IESE PRESENTS. tli~it cxccpt as cuprcrsly Iiiiiitcd. DEVELOPERS SURETY AND INDEMNITY COMPANY iiiid INDEMNITY
C'OMPANY OF ('AI.IFORNIA. do each. Iieiehy iiiahc. constitute niitl appoiiit
***Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally***
IN WITNESS WtltKt.0F. Dt:Vt:LOPtRS SURETY AND INDtMNITY
tliese lit-esciits to he signed by tlieir respective tiucciitive Vice Preridciit and /--.
David H. Rhodes. F.\;eciitive Vice-President
By:
C'OM PP
attested
LNY iiiid INDtMNITY C'OMPAI
hy their respective Secretary this
\iY OF C'ALIFORNIA Iiave SK
I rt dny of Octohei-. 2003.
verully c allsetl
STATE OF CALIFORNIA 1
COUNTY OF ORANGt 1
)SS
On Octoher I. 2003. hefore iiie. Diane .I. Kaivata. peraoiiolly appeared David ti. Rhodes and Walter A. C'rowell, personally kiiowii to iiie (or proved to
iiic oii tlic hasis of sitisliictory cvidcncc) to he tlic persons wliosc iiiiiiic'i arc subscrihcd t(i tlic withiii iiistriiiiiciit and ackiiciwlcdgcd to iiic that they cxccutcd tlic
sitiiic iii their iiutliorizcd ciipcitics. and th;it hy tlieii- sigiiatui-cs oil tlic iiistriiiiiciit tlic ciitity tipoi1 hcholfofwliich the pcrsoiis ;iotcd. cxccutcd the iiistriiiiiciit.
WlTNtSS iiiv hand and ofticinl sei11 Pa- DIANE J KAWATA
COMM. Y 1334746 2
Notary Public - California <
OAANGE COUNTY I?
L 0 I 3 d My Comm. Expires JAN. E. 2006
CERTIFICATE
Tlic uiidcrstpiicd. as Sciiior Vice-Prcaitlcnt. Untlcrwi-iting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, does Iierehy certify that the fchregotiig Power ofAttoriiey reiiioiiis iii full !'oi.ce a!id has iiot herit revoked. and fiiitlieriiiore. that the provisions
ot'tlie resoliitioiis oftlie respective Boards of Directors of said corporations set forth iii the Power ofAttoriiey. are iii force as oftlie date ofthis Certificate.
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
County of
&rsonally known to me
proved to me on the basis of satisfactory
evidence
to be th ps whoseeMare
subscribe within instrument and
acknowledged to me that h&&e/they executed
the same in h;c’c---/their authorized
capacity(ies), and that by L:^r/their
signature@) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted. executed the instrument.
Signature of Notary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another
Description of Attached Document
Title or Type of Document: a v 4/03 6 w2i 4k %h b
Document Date: A) /k
Signer(s) Other Than Named Above:
Number of Pa-
tJ%
0 Partner - 0 Limited 0 General
Attorney-in-Fact
Trustee
0 Guardian or Conservator
1
0 1999 National Notary Association. 9350 De Sot0 Am., PO. Box 2402 * Chatswotth, CA 91313-2402 - w.nationalnotary.org Prad. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of $100 billion for which the Federal Government or an insurer can be responsible.
.P Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 Irvine, CA 92614
(949) 263 3300
www.InscoDico.com
c-
ID-1498 (Rev. 5/03)
OPTIONAL ESCROW AGREEMENT FOR
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Co ntracto ra and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitde for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor forCONTRACT NO. 0509
EXTERIOR MASONRY COATING OF FIRE STATION #05, in the amount of
(hereinafter referred to as the "Contract").
Alternatively, on written request of the Contractor, the City shall make payments of the retention
earnings directly to the Escrow Agent. When the Contractor deposits the securities as asubstitute for
Contract earnings, the Escrow Agent shall notify the City within IO days of the deposit. The Escrow
Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in
connection with the handling of retentions under these sections in an amount not less than $100,000
per contract. The market value of the securities at the time of the substitution shall be a least equal to
the cash amount then required to be withheld as retention under the terms of the contract between
the City and Contractor. Securities shall be held in the name of the City and shall designate the
Contractor as the beneficial owner.
dated
,---
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
a. Revised 10/08/03 Contract No. FAC 05-09 Page 35 of 56 Pages
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
rc-
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as folows:
For City: Title FINANCE DIRECTOR
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart cf this Agreement.
e Revised 10/08/03 Contract No. FAC 05-09 Page 36 of 56 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
Title MAYOR
Name
Signature
Address
For Contractor:
Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
@ Revised 10/08/03 Contract No. FAG 05-09 Page 37 of 56 Pages
SUPPLEMENTAL PROVISIONS
FOR
CONTRACT NO. 05.09
EXTERIOR MASONRY COATING OF FIRE STATION #05
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFlNlTlONSABBREVlATlONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "deBiled", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
I Add the following section:
1-12 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated othetwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractog at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing
of necessary labor, materials, tools, equipment, and transporhtion.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
@ Revised 10/08/03 Contract No. FAC 05-09 Page 38 of 56 Pages
City Council- the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher apprared representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hidher approved represenbtive. The
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section
2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses
to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is
not part of the Contractor’s Own Organization and will not be included for the purpose of compliance
with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility
Public Works Manager - The Public Works Supervisor’s immediate supervisor and second level of
appeal for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Public Works Supervisor - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ...................................... Apartment and Apartments
Bldg ....................................... Building band Buildings
CMWD.. ................................ .Carlsbad Municipal Water District
CSSD .................................... Cads bad Supplemental Standard Drawings
cfs .......................................... Cubic Feet per Second
Comm .................................... Commercial
DR ......................................... Dimension Ratio
E ........................................... .Electric
G.. .......................................... Gas
gal .......................................... Gallon and Gallons
Gar ........................................ Garage and Garages
GNV ....................................... Ground Not Vsible
gpm ........................................ allons per minute
Revised 10/08/03 Contract No. FAC 05-09 Page 39 of 56 Pages
IE .......................................... Invert Elevation
LCWD .................................... Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing W12)
MTBM.. .................................. Microtunneling Boring Machine
NCTD .................................... North County Transit Distrct
. OHE. ...................................... Overhead Electric
OMWD .................................. Olivenhain Municipal Water District
ROW ..................................... Rig ht-of-Way S ............................................ Sewer or Slope, as applicable
SDNR .................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ....................................... Sewer Force Main
T ........................................... Telephone
UE ............................. .._. ........ Underground Electric
W ........................................... Water, Wider or Width, as applicable
WD ..................................... .Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor‘s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (IO) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Deprtment of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
anceharranty bond and payment bond (labor and materials bond) for this contract. The faithful
performancehvarranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
@ Revised 10/08/03 Contract No. FAC 05-09 Page 40 of 56 Pages
days after recordation of the Notice of Completion if all clams have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United Elates.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 Edition, and the 2005 cumulative supplements
thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative
Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of (No plans are included in this project). The standard drawings
used for this project are the latest edition of the San Diego Area Regional Standard Drawings,
hereinafter designated SDRS, as issued by the San Diego County Department of Public Works,
together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings,
hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal
Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad
Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an
appendix to these Supplemental Provisions.
i
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be the
most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law 2) Supplemental Provisions.
3) Technical Specifications
4) Plans.
5) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San DiegoArea Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
6) Standard Specifications for Public Works Construction. 7) Reference Specifications.
8) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
Revised 10/08/03 Contract No. FAC 05-09 Page 41 of 56 Pages
precedence over general plans.
26.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '44' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement.
4) Specification section number@) pertaining to material submitted for review
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the ccntract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submithls:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
25.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefor.
2-10 AUTHORITYOF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer
may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The Engineer
Revised 10/08/03 Contract No. FAC 05-09 Page 42 of 56 Pages
shall have the right to monitor, assess, and evaluate Contractor’s and its slbcontractors performance
pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be
limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITWED BY THE AGENCY
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustmenls in excess of 25 percent
may, at the option of the Engineer; be paid pursuant to section 33, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) shall constitute the markup for all overhead and profits:
I) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor’s costs and
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor
3-3.3 Daily Reports by Contractor, addthe following after the second sentence: Payment for extra
Revised 10/08/03 Contract No. FAC 05-09 Paae 43 of 56 Paaes
work will not be made until such time that the Contractor submits completed daily reports and all
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the fol1owing:The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due .written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor‘s failure to give written
notice of potential claim for changed conditions to the agency upon their discovery and before they
are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650.1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be furtha considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly &ken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Revised 10/08/03 Contract No. FAC 05-09 Page 44 of 56 Pages
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Public Works Supervisor
3. Public Works Manager
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager atler which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise behnreen a contactor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) d Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the pyment of which is disputed by the local agency
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work vGhich may give rise to a claim under this article.
(d) This article applies only to contrack entered into on or ater January 1, 1991.
.
201 04.2. For any claim subject to this article, the following requiremenb apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
Revised 10/08/03 Contract No. FAC 05-09 Paqe 45 of 56 Paaes
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both prties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both prties. If the parties fail to
select a mediator within the 1Sday period, any party may petition the court to appoint the mediator
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules perhining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
a Revised 10/08/03 Contract No. FAC 05-09 Page 46 of 56 Pages
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be pid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other prty arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elemenb pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the contractor
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractoh expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
a Revised 10/08/03 Contract No. FAC 05-09 Page 47 of 56 Paaes
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications sbll be borne by the Contractor:
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in performance, appearance, durability compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to tk Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area@), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
, Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor‘s convenience and no additional compensation
Revised 10/08/03 Contract No. FAC 05-09 Page 48 of 56 Pages
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 15 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set
the time and location for the Preconstruction Meeting. Attendance of the Contractor's management
personnel responsible for the management, administration, and execution of the project is mandatory
for the meeting to be convened. Failure of the Contractor to havethe Contractor's responsible project
personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-
4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to
proceed will only be issued on or after the completion of the preconstruction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 61.3.3 Electronic Media.
i
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and
submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks
on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical pth.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as detailed in this
Contract and as noted in the Special Provisions and Technical Specifications. The work includes
preparing the building for painting, patching stucco, painting the building and cleanup of overspray
from all surfaces.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project
Representative shall be the individual determined under section 7-6, "The Contractor's
Revised 10/08/03 Contract No. FAC 05-09 Pane 49 of 56 Paaes
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 25 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the hours and/or days stated herein when, in hislher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
Engineer will not accept the Wrk or any portion of the Mrk before all of the Work is completed and
’ all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or
portions of, the Work does not constitute acceptance of the Work. If, in the Engineer‘s judgment, the
Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the
office of the San Diego County Recorder. The date of recordation shall be the date of completion of
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (I) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
Revised 10/08/03 Contract No. FAC 05-09 Page 50 of 56 Pages
monies due it, the sum of Five Hundred Dollars ($500.00).
i
Execution of the Contract shall constitute agreement by the Agency and Contractor that Five
Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this pragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRAClOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the oficial publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit@) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor:
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor:
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
@ Revised 10/08/03 Contract No. FAC 05-09 Page 51 of 56 Pages
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor:
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ NPDES General
Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water
Runoff Associated with Construction Activity”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929941 7.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the afected street
or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor‘s permanent office or field ofice and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval.
Notices shall not be distributed mtil approved by the Engineer:
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A”.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
@ Revised 10/08/03 Contract No. FAC 05-09 Page 52 of 56 Pages
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these nctices.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. Add the following: A field office will not be required for Agency
personnel.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
93 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
93.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Engineer will make an approximate measurement of the work performed to the closure
date as basis for making monthly progress payments. The estimated value will be based on contract
unit prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor‘s information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of
@ Revised 10/08/03 Contract No. FAC 05-09 Paae 53 of 56 Paaes
the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the Engineer
determines that the supplemental payment request is not proper, then the request shall be returned
to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The
returned request shall be accompanied by a document setting forth in writing the reasons why the
supplemental payment request was not proper. In conformance with Public Contract Code Section
20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted supplemental payment request from the Contractor. If payment of the undisputed
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then
the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 35, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requiremenb.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
Revised 10/08/03 Contract No. FAC 05-09 Page 54 of 56 Pages
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
93.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be
included in the various items of work and no oher payment will be made.
Revised 10/08/03 Contract No. FAC 05-09 Paae 55 of 56 Paaes
TECHNICAL SPECIFICATONS
For
EXTERIOR MASONRY COATING OF
FIRE STATION #05
-
CONTRACT NO. 05-09
@ Revised 10/08/03 Contract No. FAC 05-09 Paae 56 of 56 Pacles
City of Carlsbad
Fire Station #5
April 2005
THE CITY OF CARLSBAD
Fire Station #5
Carlsbad California 92008
Exterior Masonry Coating
TECHNICAL SPECIFICATIONS
I
lntrospec Architectural Consultants
City of Carlsbad
Fire Station #5
April 2005 Introduction:
This building is a commercial fire station structure which has current use as an operational fire station and
residential structure. The building appears to have been constructed in the 1980's or later. It is a two story
masonry structure. The building has at one layer of TREMCO WALL TITE elastomeric wall coating The
specification calls for a second application of the same material.
TABLE OF CONTENTS
Section 0 101 0.. .................................................. Summary of Work
Section 0 1 100.. ................................................. .Substitutions
Section 0 1200. .................................................. .Coordination and scheduling
Section 01 300 .................................................. .Submittals
Section 01 400.. ................................................ .Quality Control
Section 07599 .................................................. .Elastomeric wall coating
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Fire Station #5
April 2005
SECTION 01010 - SUMMARY OF WORK
1.01 SCOPE
A. The Contractor shall supply all labor, transportation, material, apparatus and tools necessary
for the entire proper completion of this work, and shall install, maintain and remove all
equipment for the proper execution of his contract, and be responsible for safe, proper and
lawful performance of his equipment, maintenance and the use of the same, and shall
perform in the best manner, and everything properly incidental thereto, as stated in the
contract documents, or reasonably implied therein all work as outlined in this manual.
1.02 EXISTING CONDITIONS
A. The contractor shall make a site inspection and evaluation of the existing general condition
of the building and premises to substantially and adequately determine his ability to perform
the work as specified herein. This evaluation shall be conducted prior to submittal of any bid
or proposal regarding this project and as required by the purchasing conditions of the project
mand.
B. The details and information contained in this manual are not represented or guaranteed by
the City of Carlsbad to be accurate as to the actual “as built” condition of the building or any
modification thereof. The bidder shall veri@ all dimensions, quantities of all materials,
products and time required to complete the disciplines outlined herein.
1.03 DESCRIPTION OF WORK
A. The work includes, but is not limited to, Application of elastomeric wall coating systems to
the block exterior surface. (Including separate hose tower and trash enclosure).
B. The Contractor shall be responsible for obtaining all permits, licenses as required by local,
state and federal government departments, agencies or boards.
END OF SECTION
SECTION 01 lo0 - SUBSTITUTIONS
1.01 DESCRIPTION
A. Whenever possible throughout the Contract Documents, the minimum acceptable quality
workmanship and materials has been defined by manufacturer’s name and catalog number
referenced to recognize industry standards or description of required attributes and
performance.
B. To ensure that the specified products are Mshed and installed in accordance with the
original design intent, procedures have been established for advance submittal design data
and for the review by the City of Carlsbad’s Representative.
C. Make all submittals required by the Contract Documents, and revise and resubmit as
required to establish compliance with the specified requirements.
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Fire Station #5 April 2005
1.02 SUBSTITUTIONS
A. Substitutions shall only be accepted only after the base bid is submitted by the bidding
contractor based on the specified products, construction, services. These specifications
have been prepared to limit design and application procedures to certain materials and their
installation procedures. The intent of the specifications is not to limit competitive bidding,
only to assure compliance with the wishes of The City of Carlsbad to utilize proven
systems which have provided satisfactory results in the past through experience of the the
City of Carlsbad.
1.03 PRODUCTS
A. In the event substitutions become necessary, the contractor shall provide manufacturer's
cut sheets, product safety information and required environmental data sheets. Complete
manufacturers literature, suppliers information shall also be required.
B. All substitutions required to complete the project shall be equal to or superior in all
character, physical properties and shall meet or exceed ASTM grading methods. The
submittal shall include and clearly identify all physical properties and performance
characteristics of both the original and proposed product for substitution.
C. A City of Carlsbad's Representative shall make the final decision of acceptability of the
proposed product substitution.
1.04 QUALITY ASSURANCE
A. Prior to each submittal, carefully review and coordinate all aspects of each item being
submitted and verify that each item and the submittal for it conforms in all respects with
the original requirements of the Contract Documents.
1.05 MANUFACTURER'S LITERATURE
A. Where contents of submitted literature from manufacturers includes data not pertinent to
the submittal, clearly indicate which portion of the literature pertains to the proposed
change, which is being submitted for change.
B. Number of copies required, shall include an adequate amount for proper authorization and
return, plus an amount allowing for a copy to be retained by the City of Carlsbad.
1.06 SAMPLES
A. Samples of proposed substitutions shall be submitted upon request for review and approval
of the City of Carlsbad.
B. Samples shall be provided in adequate quantities for this purpose if requested. The
samples shall be precise and reflect exactly the proposed substitution.
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City of Carlsbad
Fire Station #5 April 2005
C. Unless the colors and pattern is specifically described in the Contract Documents, and
whenever a choice of color or pattern is available in a specified product, submit accurate
color and pattern charts to the City of Carlsbad for review and approval.
END OF SECTION
SECTION 01200 - COORDINATION AND SCHEDULING
1.01 SITE AND ACCESS AND AVAILABILITY
A. There will be a Pre-Bid meeting. If additional inspections are required, an appointment
may be made with the City of Carlsbad for access. Contact Bob Richardson at (760) 434-
2944.
B. Pursuant to execution of a contract and written Notice to Proceed is issued by the City of
Carlsbad, the premises shall be made available for completion of the work as specified.
Care, custody and control of the work site, equipment area and material storage area are
vested in the Contractor during the operations under the contract.
C. Failure to examine the project building site and to become familiar with the existing
conditions shall not constitute cause for complaint or for extra charges whatsoever.
D. Existing conditions may not be shown on the drawings (if included) and some modification
of details may be required to accomplish the intent of the documents, All modifications or
adjustments are to be approved in advance by the City of Carlsbad.
E. Means of ingress or egress to buildings shall not be blocked for any reason or hamper the
normal operations of the building in any way unless permission is first obtained from the
City of Carlsbad. Fire protection and immediate access for fire-fighting equipment must
be maintained at all times.
1.02 ENVIRONMENT REQUIREMENTS
A. The Contractor shall protect the occupants of the building from dust, moisture, or fumes, of
any kind during construction and shall inform the Consultant of any conditions, which
could affect occupancy during completion of the work.
B. The City of Carlsbad states that there are no known environmental health hazards related to
the work included in this project.
1.03 COORDINATION WITH THE CITY OF CARLSBAD
A. It is the City of Carlsbad’s intention that the building will be utilized in the usual manner in
accordance with normal schedule: therefore, the Contractor executing this contract, work
must schedule his work so as to interfere least with normal activities and shall coordinate
his work with the City of Carlsbad for areas affecting interior spaces having critical
occupancy requirements.
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City of Carlsbad
Fire Station #5 April 2005
B. Work that might interfere with the use of the facilities by the City of Carlsbad shall be
accomplished at a time approved beforehand by the City of Carlsbad.
C. Prior to starting any work on the Contract, the City of Carlsbad's Representative and the
Contractor will meet at the site to determine procedures and schedules, review submittals
for the work. The job supervisor shall be present at this meeting.
1.04 COORDINATION OF THE WORK
A. The Contractor submitting the bid to the City of Carlsbad has the responsibility for
coordinating the work of subcontractors and for scheduling all work so a safe, debris free,
obstacle free condition (in all common areas and rest rooms) is maintained and all work
required by the Contract Documents is completed and scheduled.
B. The Contractor shall submit a detailed work schedule prior to commencement of the work
as specified herein.
1.05 STATEMENT OF COORDINATION
A. The Contractor shall carefully study and compare the Contract Documents and at once
report to the City of Carlsbad representative any error, omission, conflict, inconsistency or
code violation he may discover.
B. The Contractor shall read and comply with the requirements of this section. Compliance
with these requirements does not obligate the Contractor to correct the problems that are
identified without written consent and instructions for corrective measures.
C. Contractor shall resolve all exceptions that are identified, as described above, prior to
commencement of the work. If any portion of the completed Statement of Coordination
identifies conflicts or conditions which interfere with the integrity of, function, or
architectural appearance of the work, and which cannot be resolved by the Contractor
without additional expense, he shall inform the City of Carlsbad in writing. Any work
performed prior to acceptance by the City of Carlsbad shall be performed at the
Contractor's risk.
1.06 EXPEDITION OF THE WORK
A. Should any activity not be completed within the number of days allowed and as stipulated
at the Pre-Bid Meeting, the City of Carlsbad's Representative shall have the right to order
the Contractor to expedite completion of the activity by whatever means the City of
Carlsbad's Representative deems appropriate and necessary, without additional
compensation to the Contractor.
B. It is expressly understood and agreed that failure by the City of Carlsbad's Representative
to exercise the option to either order the Contractor to expedite an activity or to expedite
the activity by other means shall not be considered precedent setting for any other
activities.
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City of Carlsbad
Fire Station #5
April 2005 C. During completion of the work, any work is rejected for non-compliance, the contractor
shall not be allowed to claim additional days be added to his contract time limit, nor shall
the contractor have any claim whatsoever against the City of Carlsbad for such delays.
END OF SECTION
SECTION 01300 - SUBMITTALS
1.01 TO BE INCLUDED WITH BID
A. Provide Certificates of Insurance as required by the City of Carlsbad.
B. Contractor shall submit a completed copy of documents, approvals, permits for use in the
specified construction if applicable.
1.02 DELIVERY OF REQUIRED MATERIALS
A. Within 10 Days After Award of Contract:
1. Contractor shall submit two copies of a complete list of all materials and products
proposed to be used in this construction. The list shall identify each item stating
brand name andor description, applicable ASTM or Federal Specification number,
name of manufacturer and proposed use(s). Also include thickness, sizes or gauges
if applicable.
2. Contractor shall submit a complete list of all equipment proposed for use in this
construction (other than regular power tools and equipment).
3. Contractor shall submit a letter from the primary material manufacturers stating
intent to issue the specified guarantee. The letter shall contain the following
information:
a. Project name, project address and site.
b. Length of guarantee. Per the City of Carlsbad
c. Shall cover all defects in labor and material, which occur during
the guaranteed period.
d. Manufacturer's additional requirements, if any.
e. Sample copy of actual guarantee.
Submit list of subcontractors, if any, for review and acceptance by the City of Carlsbad, prior to
executing subcontracts. Proposed subcontractors shall be established, reputable firms with a
record of satisfactory past performance with the type of work to be performed.
B. Prior to Fabrication
lntrospec Architectural Consultants
City of Carlsbad Fire Station #5
April 2005
1. Shop drawings required by the specifications shall be submitted promptly to the
Consultant so that review can be made without any delay in the work. Checking
and acceptance of shop drawings by the City of Carlsbad representative is for
general conformance with design intent and contract requirements and does not
relieve the Contractor of the responsibility to verify accuracy of dimensions, obtain
field dimensions, coordinate dimensions with work of others, and prevent
interference with other equipment and other features of the work.
2. Samples of materials required by the technical specifications shall be submitted
with complete identifying information, such as brand names, brief description,
source of material, date sampled, location sampled, etc.
C. During Progress of the Work
1. Contractor shall submit manufacturer's product specifications, installation
instructions, and general recommendations for each principal system product
required. He shall include data substantiating that materials comply with
requirements including certificates and delivery logs for bulk materials, and records
on field testing for pull resistance for fasteners, adhesion, or other requirements
verification is to be obtained prior to commencement of application.
D. Prior to Final Acceptance:
1. Written notice to the City of Carlsbad that the work required of the Contractor has
been completed.
2. The signed guarantee forms required in the technical sections shall be submitted to
the City of Carlsbad.
3. Submit warranty to the City of Carlsbad that all work, materials, and equipment are
free and clear of liens, claims, security, interest, and encumbrances.
END OF SECTION
SECTION 01400 - OUALITY CONTROL
1.01 QUALITY CONTROL
A. A licensed consultant may been retained by the City of Carlsbad to provide a quality
control, and a scheduled inspection program conducted during the progress of the work,
including monitoring of installation of the work specified herein.
B. The work may be subject to continual audit by the Consultant. The Contractor is to notify
the Consultant when work is to begin in sufficient time to arrange required inspection and
is to remain in continual contact with the Consultant during the progress of the work either
in person or telephonically. He shall provide safe access to all work areas during the
completion of the work.
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City of Carlsbad
Fire Station #5
April 2005
C. The Contractor has been allowed a certain number of days to complete the work as
specified by the City of Carlsbad. With exception of inclement weather or circumstances
beyond the control of the Contractor (as determined by The City of Carlsbad) the
contractor must complete the work within the days allowed. In the event the contractor
fails to complete the work within the specified days, the Contractor shall be responsible for
additional reasonable charges (standard rates) for inspection services required as a result of
the failure of the Contractor to complete the work in a timely manner. The Contractor
agrees to have such charges deducted from his payments at the discretion of the City of
Carlsbad.
1.02 INSTALLER REQUIREMENTS
A. The Contractor shall be currently approved and certified by the appropriate manufacturer
of the products being used if applicable.
B. Except as modified and supplemented herein, the Contractor shall follow the published
requirements and written recommendations of the manufacturer of the related materials
manufacturers.
C. If in the opinion of the Contractor, the specified work cannot be successfully completed for
any reason, the Contractor shall notify the City of Carlsbad prior to commencement of the
work or the completion of work in progress.
1.03 PRE-JOB CONFERENCE I
A. Prior to installation and commencement of the work, a Pre-Job Conference shall be held to
discuss the execution of the work as described herein. The Contractor, Supervisor, the
City of Carlsbad’s Representative or any other interested parties involved in the completion
of the work.
B. Attendees shall review all pertinent details of the work and the logistical impact on the
operation of the City of Carlsbad’s building uses or operations. Also to be discussed, the
delivery of materials, delivery of submittals, samples, environmental concerns or any other
pertinent information to commencement and completion of the work as specified.
1.04 FIELD QUALITY CONTROL
A. The City of Carlsbad may require that appropriate tests be conducted to verify that the
installation is in compliance (if required) with the manufacturer’s requirements.
B. Tests when so required shall be made in accordance with recommended methods as
approved and endorsed by the material manufacturer whose materials have been approved
for use on this project or as directed by the City of Carlsbad representative.
1.05 FINAL INSPECTION
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City of Carlsbad Fire Station #5 April 2005
A. An The City of Carlsbad's Representative shall conduct the Final Inspection of the
completed work. A punch list of all deficiencies shall be prepared by the City of Carlsbad
representative.
B. A retainer shall be withheld from the Contractors Total Contract Sum, in accordance with
the contract documents.
SECTION 07599 -WALL COATING
GENERAL
A.RELATED DOCUMENTS
1 .Drawings and general provisions of the Contract, including General and Supplementary Conditions
and Division 1 Specification Sections, apply to this Section.
B.SUMMARY
1 .This Section includes the following:
(a)Wall coatings.
C. SUBMITTALS
1 .Product Data: For each type of product indicated.
(a)Wall coating material.
D.QUALITY ASSURANCE
1.Installer Qualifications: A qualified firm that is approved, authorized, or licensed by system
manufacturer to install manufacturer's product and that is eligible to receive manufacturer's
warranty.
2.Source Limitations: Obtain components for coating systems from or approved in writing by system
manufacturer.
3 .Preinstallation Conference: Conduct conference at Project site. Comply with requirements in
Division 1 Section "Project Management and Coordination." Review methods and procedures
related to system including, but not limited to, the following:
(a)Meet with Owner, inspecting agency representative, manufacturer's representative
(b)Review methods and procedures related to application, including manufacturer's written
instructions.
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(c)Review and finalize construction schedule and verify availability of materials, Installer's
personnel, equipment, and facilities needed to make progress and avoid delays.
(d)Examine deck substrate conditions and finishes for compliance with requirements, including
flatness and fastening.
(e)Review governing regulations and requirements for insurance and certificates if applicable.
(QReview temporary protection requirements for building surfaces grounds during and after
installation.
E.DELIVERY, STORAGE, AND HANDLING
1.Deliver materials to Project site in original containers with seals unbroken and labeled with
manufacturer's name, product brand name and type, date of manufacture, and directions for
storage.
2.Store liquid materials in their original undamaged containers in a clean, dry, protected location and
within the temperature range required by system manufacturer. Protect stored liquid material
from direct sunlight.
(a)Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.
3 .Handle and store materials and place equipment in a manner to avoid permanent deflection of deck. f
F.PROJECT CONDITIONS
1. Weather Limitations: Proceed with installation only when existing and forecasted weather
conditions permit system to be installed according to manufacturer's written instructions and
warranty requirements.
PRODUCTS
A.MANUFACTURERS
1 .Available Manufacturers: Subject to compliance with requirements, manufacturers offering products
that may be incorporated into the Work include, but are not limited to, the following:
(a) Wall Coating:
i)Tremco, Inc.
B.WALL COATINGS
1 .Acrylic polymer emulsion forming an elastomeric waterproof membrane for sealing concrete and
masonry exteriors.
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(a)Density
(b)Tensile strength
(c)Elongation
1 1.8 lb/gal
150 psi ASTM D 412
220% ASTM D 412
ASTM D 1475
EXECUTION
A.PREPARATION
1. Prior to application of coating, soda blast exterior surfaces to remove all chalk, microbial growth,
dirt, grease, wax. Inject approved biocides with soda to thoroughly clean microbial growth,
fungal growth.
2. Scrape loose coating, caulkings prior to application of coatings.
B.WALL COATINGS
1 .Apply wall coating per manufacturer’s written instructions.
C.PROTECTING AND CLEANING
1 .Clean overspray and spillage fiom adjacent construction using cleaning agents and procedures
recommended by manufacturer of affected construction.
END OF SECTION
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